I. INTRODUCTION.
REGIONAL PATTERNS (CALIFORNIA)
(“we,” “us” or “our”) takes your privacy seriously.
This Privacy policy (“Privacy policy”) explains our data protection policy and
describes the types of information we may process when you install and/or use
“ChatGPT” software application for mobile devices (the “App”, “our App”).
When we refer to personal data (or personal
information) we mean any information of any kind relating to a natural person
who can be identified, directly or indirectly, in particular by reference to
such data.
It is a natural person who can be identified
directly or indirectly, in particular by reference to an identification number
or to one or more factors specific to his or her physical, physiological,
mental, economic, cultural or social status.
Our Privacy policy applies to all users, and others
who access the App (“Users”).
For the purposes of the GDPR, we are the data
controller, unless otherwise stated.
PLEASE READ THE FOLLOWING PRIVACY POLICY, FOR
INFORMATION REGARDING THE WAYS YOUR PERSONAL INFORMATION MAY BE PROCESSED,
CAREFULLY. WHEN YOU USE THE APP YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD,
AND AGREE TO BE BOUND BY THESE TERMS.
IF YOU ARE A CALIFORNIA RESIDENT PLEASE
READ THE FOLLOWING IMPORTANT NOTICE
Under the California Consumer Privacy Act of 2018
(CCPA) California residents shall have the right to request:
- the
categories of personal information that is processed;
- the
categories of sources from which personal information is obtained;
- the
purpose for processing of user personal data;
- the
categories of third parties with whom we may share your personal
information;
- the
specific pieces of personal information that we might have obtained about
a particular user provided that the data provided in the request is reliable
enough and allows to identify the user.
Please use the navigation links through this
Privacy policy:
PERSONAL INFORMATION
All about the categories of information, its
sources and purposes of processing in Point II
Please mind that according to CCPA personal
information does not include de-identified or aggregated consumer information.
SHARING
How your information can be shared in Point IV.
Please note that all third parties that are engaged
in processing user data are service providers that use such information on the
basis of agreement and pursuant to business purpose.
OPT-OUT OPTIONS
If you don’t want us to process your personal
information any more please contact us through the contact form. In most cases there is no way to maintain the App’s further
operating without functional data therefore you will be advised to remove the
App from your device.
If you don’t want us to share device identifiers
and geolocation data with service providers please check your device settings
to opt out as described below in Point VIII
REQUESTS
To submit a verifiable consumer request for access,
portability or deletion of personal data please contact us through the contact form. Please include in the text of your appeal the wording
"Your rights to maintain confidentiality in the state of California”.
When submitting a verifiable request, you should be
ready to:
- Provide
sufficient information that allows us to reasonably verify you are the
person about whom we collected personal information or an authorized
representative, which may include: name, address, city, state, and zip
code and email address. We may use this information to surface a series of
security questions to you to verify your identity. If you are making a
request through an authorized agent acting on your behalf, such authorized
agent must provide written authorization confirming or a power of
attorney, signed by you.
- Describe
your request with sufficient detail that allows us to properly understand,
evaluate, and respond to it.
We will not be able to respond to your request or
provide you with personal information if we cannot: (i) verify your identity or
authority to make the request; or (ii) confirm that the personal information
relates to you. We may ask you for additional information or documents to
verify your identity. We may also carry out checks, including with third party
identity verification services, to verify your identity before taking any action
with your personal information. This is regarded as a safeguard measure to
prevent disclosure of your personal information under a fake or scum request.
We ensure that personal information provided in a
verifiable consumer request will be used only to verify the requestor’s
identity or authority to make the request and not for any other purpose. We
will keep it for the adequate term reasonably needed for the purpose described
above and delete after the purpose is fulfilled.
We try to respond to a verifiable consumer request
within forty-five (45) days of its receipt. If we require more time, we will
inform you of the reason and extension period in writing. Please note that we
are only required to respond to two requests per customer each year.
EQUAL RIGHTS
Nothing in the way we deal with your request shall
be interpreted as discrimination, which means that we will not set up different
pricing or products, or different level or quality of services for you, if you
choose to exercise your rights. However, in some circumstances, we may not be
able to provide services if you choose to delete your personal information from
our records.
SALE OF DATA
We do not sell any of your personal data to third
parties.
II. INFORMATION WE
PROCESS
There are several categories of information that
can be processed.
Functional Information
We ask for and process the following information
when you use the App. This information is necessary for the adequate performance
of the contract between you and us. Without such information it is
impossible to provide complete functionality of the App and perform the
requested services.
- User
Content (i.
e. the text you enter into the message field and send to the App, as well
as any text, other content generated by AI via the App). Subject to your
compliance with certain rules and restrictions outlined in our Terms of
Use,
you may dispose of, use, share, otherwise exploit your User Content for
your own purposes. However, any use of User Content is at your sole risk,
i. e. you assume and bear all risks and responsibility associated with
your use of User Content. It is your sole responsibility to ensure
compliance with the applicable laws while using the User Content. Please
note that we engage the third party service provider - OpenAI, L.L.C. - for
the purpose of processing and creation of AI-generated User Content.
Please check Section IV to learn more about the privacy policy and
practices of OpenAI, L.L.C.
- Contact
Information (name,
e-mail address, as well as any other content included in the email) which
you may fill in by yourself when you contact us via email, support form.
We collect, store and process it by our cloud storage provider
(Amazon.com, Inc.). We use such information to respond effectively to your
inquiry, fulfill your requests, send you communications that you request
and perform the requested services.
Information That Is Processed
Automatically
On the basis of your permission we
use third-party automatic data processing technologies (advertising or
analytics tools) to analyze certain information sent by your device via our App
(Identity For Advertisers for iOS devices/ Advertising ID or Android ID for
Android devices). Some integrated advertising or analytics tools (check
Section IV to see the list of them) launch automated processing of your
personal data, including profiling, which means any form of automated
processing of personal data used to evaluate certain personal aspects relating
to you, in particular to analyze or predict aspects concerning your personal
preferences, interests, behavior, location or movements (see the list of data
described below). Processing information through automatic data processing
technologies starts automatically once you allow our App to track your
activity. You can withdraw your permission at any time - please check opt-out
options in Section VIII below.
We may process some information about your device
and your user behaviour on the ground of our legitimate interest. This
information falls within categories of data described above in Subsection “Information
That Is Processed Automatically”, it is generally non-personal, i.e. it does
not, on its own, permit direct association with any specific individual, and we
may access it only in aggregated form. We use this information for improving
our App and giving our users the best experience.
- Device
Details.
When you use a mobile device to access our App, some of the details about
your device are reported, including “device identifiers”. Device
identifiers are small data files or similar data structures stored on or
associated with your mobile device, which uniquely identify your mobile
device (but not your personality). Device identifier enables generalized
reporting or personalized content and ads by the third parties.
What data can be processed:
- Information
about the device itself: type of your device, type of operating system
and its version, model and manufacturer, screen size, screen density,
orientation, audio volume and battery, device memory usage.
- Information
about the Internet connection: mobile carrier, network provider, network
type, IP address, timestamp and duration of sessions, speed, browser.
- Other
device identifiers: e.g. user identifiers (if they are set up by the
App’s developer).
- Information
about the applications. Name, API key (identifier for application),
version, properties of our App can be reported for automated processing
and analysis. Some services also record the list of applications and/or
processes which are installed or run on your device.
- Cookies
and similar technologies. When you use the App, cookies and similar
technologies may be used (pixels, web beacons, scripts). A cookie is a
text file containing small amounts of information which is downloaded to
your device when you access the App. The text file is then sent back to
the server each time you use the App. This enables us to operate the App
more effectively. For example, we will know how many users access specific
areas or features within our App and which links or ads they clicked on.
We use this aggregated information to understand and optimize how our App
is used, improve our marketing efforts, and provide content and features
that are of interest to you. We may ask advertisers or other partners to
serve ads or services to the App, which may use cookies or similar
technologies.
- Log
file information.
Log file information is automatically reported each time you make a
request to access the App. It can also be provided when the App is
installed on your device. When you use our App, analytics tools
automatically record certain log file information, including time and date
when you start and stop using the App, and how you interact with the App.
- Ad-related
information.
The following data might be reported about the ads you can view: the date
and time a particular ad is served; a record if that ad was “clicked” or
if it was shown as a “conversion” event; what the ad offer is about; what
type of ad it is (e.g., text, image, or video); which ad placement is
involved (where the ad offer is displayed within the App); whether you
respond to the ad.
- In-App
events.
When you use our App, analytics tools automatically record in-App
information (tutorial steps, leveling up, payments, in-app purchases,
custom events, progression events, method of limiting the processing of
user data).
Information provided automatically to advertising
or analytics tools does not generally come to our control, therefore we cannot
be responsible for processing such information. Please mind that some services
are engaged in personal data profiling and may obtain information related to
your personality and/or your device by using technologies that do not belong to
our scope of responsibility. In case when your user ID is linked to your
Facebook account, Facebook may use your device information in association with
categorized data that were already recorded in its databases (eg. your age,
gender or other demographic indication). We do not control, supervise or stand
surety for how the third parties process your personal data, that might be
collected by their own means (not through our App). Any information request
regarding the disclosure of your personal information should be directed to
such third parties (see Section IV).
III. THE PURPOSES OF
PROCESSING YOUR PERSONAL DATA
Our mission is to constantly improve our App and
provide you with new experiences. As part of this mission, we use your
information for the following purposes:
(a) To make our service available. We
use functional information and information that is processed automatically to
provide you with all requested services.
(b) To improve, test and monitor the
effectiveness of our App. We use information that is processed
automatically to better understand user behavior and trends, detect potential
outages and technical issues, to operate, protect, improve, and optimize our
App.
(c) To provide you with interest-based
(behavioral) advertising or other targeted content. We may use
information that is processed automatically for marketing purposes (to show ads
that may be of interest to you based on your preferences). We provide
personalized content and information to you, which can include online ads or
other forms of marketing.
(d) To communicate with you. We
use the contact information we have to communicate with you through
newsletters, i.e. to send you marketing notifications, receive your feedback
about our App experience, and let you know about our policies and terms. We
also use your information to respond to you when you contact us.
(e) To prevent fraud and spam, to enforce
the law. We really want our App to be free of spam and fraudulent
content so that you feel safe and free. We may use your information to prevent,
detect, and investigate fraud, security breaches, potentially prohibited or
illegal activities, protect our trademarks and enforce our Terms of Use.
If any new purposes for processing your personal
data arise we will let you know we start to process information on that other
purpose by introducing the corresponding changes to this Privacy policy.
IV. SHARING OF YOUR
INFORMATION
We will share your information with third parties
only in the ways that are described in this Privacy policy. We adhere to the
U.S. Digital Advertising Alliance’s Self-Regulatory Principles for the Mobile
Environment.
Please note that while integrating external
services we choose third parties that can assure they apply all necessary
technical and organizational measures to protect user personal data. However,
we cannot guarantee the security of any information transmitted from us to any
such third party. We are not responsible for any accidental loss or
unauthorized access to your personal data through a fault of third parties.
We will not rent or sell your personal data to any
third parties, but we may share your information from tools like cookies, log
files, and device identifiers and location data, with third-party organizations
that provide automatic data processing technologies for the App. We do not
control or influence these third parties’ tracking technologies or how they may
be used.
We may also share certain information such as
cookie data with third-party advertising partners. This information allows
third-party ad networks, inter alia, to deliver targeted advertisements that
they believe will be of most interest to you.
We may engage the following third-party service
providers in order to provide us with necessary infrastructure for delivery and
improvement of our services:
|
Entity name |
Services performed |
Entity location |
Link to Privacy Policy |
|
AppsFlyer
Inc. |
Analytics
service provider |
U.S.A. |
|
|
OpenAI,
L.L.C. |
AI-generated
content provider |
U.S.A. |
https://openai.com/privacy/ |
In case you want to learn more about the services
and privacy options (including opt-out) please consult the correspondent
websites and privacy policies.
Our App may contain links to third-party
websites/services or you may access the App from a third-party site. We are not
responsible for the privacy practices of these third-party sites or services linked
to or from our App, including the information or content contained within them.
We may disclose your personal information if it is
needed for objective reasons, due to the public interest or in other unforeseen
circumstances:
- as
required by law;
- when
we believe, in good faith, that disclosure is necessary to protect our
rights, protect your safety or the safety of others, investigate fraud, or
respond to a government request;
- if
we are involved in a merger, acquisition, or sale of all or a portion of
our assets, you will be notified via prominent notice in our App of any
change in ownership or your personal information usage, as well as any
choices you may have regarding your personal information.
V. INTERNATIONAL DATA
TRANSFERS
We work in the cross-border area and provide our
App to our Users around the world.
We and third-party organizations that provide
automatic data processing technologies for the App or our third-party
advertising partners may transfer the automatically processed information
across borders and from your country or jurisdiction to other countries or
jurisdictions around the world.
If you are located in the European Union or other
regions with laws governing data processing that may differ from U.S. law,
please note that we may transfer information, including personal information,
to a country and jurisdiction that does not have the same data protection laws
as in your jurisdiction.
This means that your personal information can be
transferred to a third country, a territory or one or more specified sectors
within that third country, or to the international organization where data
protection and confidentiality regulations may not provide the same level of
protection of personal data as your country does.
We try to make sure that the recipient of any
personal data provides a proper protection of the personal data received, in
accordance with the current legislation on the protection of such information.
By using the App, you agree that we may transfer your personal data to any third
country, a territory or one or more specified sectors within that third
country, or to the international organization.
For the purposes of data storage, we recourse to
the services of the hosting organizations. We take your privacy seriously and,
therefore, encrypt your personal data - if possible - before sending it to the
hosting organizations for the purposes of its storage. Please note that we
cooperate only with those hosting organizations that have passed our security
and reliability check.
VI. HOW LONG WE USE
YOUR PERSONAL DATA
We generally retain your personal information for
as long as is necessary for performing the functional service of the App and to
comply with our legal obligations. If you no longer want us to use your
information that we physically access and store, you can request that we erase
your personal information and close your account.
However, some data may still be stored for a
certain time period (but no longer than the storage purpose requires) if
information is necessary to comply with legal obligation (taxation, accounting,
audit) or in order to maintain safety and data backup settings, prevent fraud
or other malicious acts.
VII. EXERCISING YOUR
RIGHTS
Applicable data protection laws give you certain
rights regarding your personal information. You have the following options in
relation to your personal information that was collected:
- Data
Access and Portability. You can request copies of your personal
information.
- Change
or Correct Data. Where
you cannot update data by yourself through your account, you have the
right to ask to correct, change, update or rectify your data.
- Data
Retention and Deletion. The user data is generally retained for
as long as your user profile is in existence or as it is needed to provide
the relevant services. However, specific retention times can vary based on
context of the processing performed. You have the right to ask to delete
all or some of the personal data that is held about you.
- Restriction
of Processing. Under
certain circumstances, you may have the right to limit the ways in which
your personal information is used.
When your personal information is processed
automatically you may object to such processing in some circumstances. Where
your personal information is processed for direct marketing purposes, you may
ask to cease processing your data for these direct marketing purposes. In order
to exercise your right please contact the third party services listed in the
Section IV of this Privacy policy to learn how you can object to processing
your data. Most of them have clear instructions on their privacy pages,
functional API or other options.
VIII. HOW TO OPT OUT
Opt-out of marketing tracking
If you don’t want third-party service providers to
use the personalized ads on the basis of your interests please follow the
instructions below:
- Choose
option “Opt out of Ad Personalization” on your Android device in Settings/
Google/ Ads.Please mind when you opt out of certain interest based
advertising, you may still continue to receive contextual ads based on
other non-personal information, such as ads related to the content of
other digital products you are using.
Opt-out of Location Data Processing
If you don’t want third-party service providers to
use your precise location data, or street-level location information about you
please follow the instructions below:
- Android
8.0 or later: turn Location off for the applicable Product via the menu
“Settings > Apps > [applicable Product] > Permissions >
Location”. Then turn off the “Location” button.
IX. SECURITY
The security of your personal information is highly
important to us. We follow generally accepted industry standards to protect the
personal information submitted to us, both during transmission and once we
receive it. We take reasonable and appropriate measures to protect personal
information from loss, misuse and unauthorized access, disclosure, alteration
and destruction, taking into account the risks involved in the processing and
the nature of the personal information.
We implement appropriate technical and
organizational measures, which are designed to implement data-protection
principles, such as data minimization, in an effective manner and to integrate
the necessary safeguards into the processing. We seek your personal data to be
encrypted with proper and strong encryption algorithms, including hashing where
possible.
Unfortunately, no method of transmission over the
Internet, or method of electronic storage, is 100% secure. We do our best to
protect your personal data, nevertheless, we cannot guarantee its absolute
security. In the event that your personal information is compromised as a
breach of security, we will promptly notify you in compliance with applicable
law.
If you have any questions about the security of our
App, you can contact us through the contact form displayed below.
X. CHILDREN’S PRIVACY
Our App is not intended for children under the age
of 18. Therefore, we do not knowingly collect or solicit any personal
information from children under 18. No one under age 18 may provide any
personal information to the App. If you are under 18, do not use or provide any
information on this App or through any of its features. Do not provide any
information about yourself, including your email address. If we learn that we
have collected personal information from a child under age 18 without
verification of parental consent, we will erase that information as quickly as
possible. If you believe that we might have any information from or about a
child under 18, please contact us.
XI. CHANGES TO THE
PRIVACY POLICY
This Privacy policy is updated regularly.
Whenever we change this Privacy policy, we will
post those changes to this Privacy policy and other places that we consider
appropriate. Additional forms of notice of modifications or updates as
appropriate under the circumstances may be provided to you.
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